SCHEDULE 2E+WPermitted development rights

[F1PART 20E+WConstruction of New Dwellinghouses]

[F2Class AB - new dwellinghouses on terrace buildings in commercial or mixed useE+W

Permitted developmentE+W

AB.(1) Development consisting of works for the construction of new dwellinghouses immediately above the topmost storey on a terrace building to which sub-paragraph(2) applies, where that development comprises—

(a)up to two additional storeys, in the case of an existing building consisting of two or more storeys;

(b)one additional storey, in the case of an existing building consisting of one storey,

together with any development under sub-paragraph (3).

(2) This sub-paragraph applies to a building which is—

(a)used for any purpose within Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes) or Class B1(a) (offices) of the Schedule to [F3the 1987 Order], or as a betting office, pay day loan shop or launderette;

(b)in a mixed use combining—

(i)two or more uses within paragraph (a); or

(ii)a use falling within Class C3 (dwellinghouses) of the Schedule to [F4the 1987 Order], together with one or more uses within paragraph (a).

(3) Development consisting of any or all—

(a)engineering operations reasonably necessary to construct the additional storeys and new dwellinghouses;

(b)works for the replacement of existing plant or installation of additional plant on the roof of the extended building reasonably necessary to service the new dwellinghouses;

(c)works for the construction of appropriate and safe access to and egress from the new dwellinghouses and existing premises, including means of escape from fire, via additional external doors or external staircases;

(d)works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new dwellinghouses.

[F5(4) In relation to Class AB, “the 1987 Order” means the Use Classes Order as in force on 5th March 2018.]]